4730 COLBY AVE YMCA 2021-03-31 - Laserfiche WebLink

be no later than the date that the YMCA Pool is first made available to YMCA members or other pool users. For the purposes of this Agreement, an"Everett Resident User"is a person(1)who resides in the City of Everett or resides in Zip Codes 98201,98203,98204, 98205, or 98208 (or portions of such Zip Codes that the City Parks Director may determine) and(2) is either not a member of the YMCA or a person whose membership to the YMCA does not include YMCA Pool use. For the purposes of this Agreement a "member" of the YMCA is any person with an individual, family or corporate YMCA membership or day pass or the successors to such membership or day pass programs. All memberships or day passes sold or otherwise given by the YMCA that grant use of the YMCA Pool must also grant use of the rest of the YMCA Facility(that is,no"pool-only" YMCA memberships or passes). A. Equal Access Requirement. Except as provided in Section 2.A(1) below regarding YMCA Programming and except as provided in Section 2.A(2) below regarding maximum occupancy, the YMCA at all times during the Access Teitit will provide Equal Access to the YMCA Pool to Everett Resident Users at no charge to Everett Resident Users. For the purposes of this Agreement, "Equal Access" means that, whenever the YMCA Pool or portion of the YMCA Pool is open for use by YMCA members,the YMCA Pool or that portion must also be open for the same use by Everett Resident Users. For the purposes of clarity, the following are some examples of Equal Access: • The entire YMCA Pool is open for use by Everett Resident Users and YMCA members. • The entire YMCA Pool is closed for use by Everett Resident Users and YMCA members. Examples of this are holiday and maintenance closures. • Half of the YMCA Pool is open for use by Everett Resident Users and YMCA members, but the other half is closed, so that neither Everett Resident Users nor YMCA members may use the closed half. Examples of such a half-closure could be maintenance or the closed half reserved for use by a high school swim team. For purposes of the foregoing, but subject to Sections 2.A(1) and (2) below, no distinctions or discrimination may be made between YMCA members and Everett Resident Users; if the YMCA Pool or portions thereof are open or closed to one such group,they must be open or closed, as applicable,to the other.